REVIEW OF IRAN AGRICULTURAL RULES SECTION IN THE LIGHT OF WORLD TRADE ORGANIZATION (WTO) AGREEMENT ON AGRICULTUREMohsenSadeghiAssistant-Professor of Institute of Comparative Law; Faculty of Law and Political Sciences;University of TehranauthorMahmoodJafari ChaleshtoriStudent of L.L.M. at International Economic and Commercial Law;
Faculty of Law and Political Sciences; University of Tehranauthortextarticle2013perEach country who wants to access the world Trade Organization have tocorrespond their regulation with WTO principles. One of the areas whererules uniformity must be done, is in the agricultural section. This subject isreviewed, In Uruguay Round as Agricultural Agreement. Iran mustcoordinate its regulation in agricultural part with World Trade Organizationand its agreement regulations. However, Because this important issue hasnot been studied in Iranian legal literature, In The first chapter, we examinethe history of Agreement and in the second chapter describe the basicprinciples of the agreement and WTO, Then in the next chapter I willattempt to review agricultural Iranian laws contrasts against the agreementAnd in the last chapter in addition to Enumerate rules contrasts, Offer ourProposed solutions to the legislators.Law Quarterlyدانشگاه تهران2588-561843

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2013118https://jlq.ut.ac.ir/article_35267_54ff756196c88b4f30f0b66006a0b74f.pdfdx.doi.org/10.22059/jlq.2013.35267THE ACCEPTANCE OF COMPLAINANT S SPEECH WITHOUT WITNESS WITH LOOKING AT THE RULE WHENEVER NOT KNOW, BUT BY THE COMPLAINANT, ACCEPTS EVEN IF THE WITNESS IS NOTAbolfazlAlishahiAssistant-Professor of Yasouj Universityauthortextarticle2013perIn some cases, the speech of complainant is accepted withoutwitness. Anything that is known only by the claims his claiming isaccepted without witness. This famous principle has applications inVarias puertas of Jurisprudente suche as contracte, Marriage,Divorce and Zakat. Traditions, Wise approach, induction, arguingand like this can prove it. Sometimes declining the speech ofcomplainant creates problems, although there is no evidence Issuessuch as permanent incarceration and Sin and suffering and loss ofhighly and closed the ruling and left open records and fail fights. Allthis effect to the lawgiver to accepts speech of complainant.Law Quarterlyدانشگاه تهران2588-561843

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20131938https://jlq.ut.ac.ir/article_35268_d70c2b93c49645efd41cd9de3a21f6ed.pdfdx.doi.org/10.22059/jlq.2013.35268ABOUT SOME INNOVATIONS AND WEAKNESSES OF PRINCIPLES OF TRANSNATIONAL OF CIVIL PROCEDUREMajidGhamamiAssistant Professor of Private Law, School of Law and Political
Science, Tehran UniversityauthorHassanMohseniAssistant Professor of Private Law, School of Law and Political
Science, Tehran Universityauthortextarticle2013perEvaluation of the advantages and weaknesses of Principles ofTransnational Civil Procedure, the joint work of the Institute of AmericanLaw and the Institute of Unification of Private Law is the main subject ofthis article. The innovations of these Principles such as the cooperationtheory, the distinction between the “Principles” and the “Rules”, thereasonable speed in addressing the case, providing some reliable sanctionsfor the behavior of the parties, providing an obligation for the court toencourage the parties towards settlement and compromise, a fluent textregarding the Principles in English and French, and some other linguisticachievement are very significant in authors point of view. In the other side,for introducing their probable weakness, the authors have emphasized tosome monopolization in scope of study, the repetition of concepts andregulations, excessive insist to evidences, lack of generality in somePrinciples, using almost vague terminology in some Principles and lack ofharmony between the English and French in versions of the Principles.Law Quarterlyدانشگاه تهران2588-561843

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20133958https://jlq.ut.ac.ir/article_35269_575d322d586dcc29973004eae0fb8aed.pdfdx.doi.org/10.22059/jlq.2013.35269PAYING ALIMONY, AFTER THE DIVORCEMahdiMovahhedi MohebbAssistant professor of Semnan Universityauthortextarticle2013perThe divorce is a unilateral obligation that exists by independent will ofhusband, but it does not mean that he can injury to the wife, by exert hisright.In this essay we believe that if using of this right culminated in incurringof wife, the husband must redress it. In the direction of analysis of thefundaments of this subject, we study the content of 11th article of theabrogated family protection code and propose that its purport should bepassed again, because it is not irreligious but it is very justly, useful andeffective on decreasing of the disadvantages of the divorce. According to thatarticle, the judge can bind every one of husband and wife to redress thedamage of the other one by pay allowance on the condition that he was notguilty in divorce.Law Quarterlyدانشگاه تهران2588-561843

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20135976https://jlq.ut.ac.ir/article_35270_d1a171983b233e67008bf79d8e64ebd1.pdfdx.doi.org/10.22059/jlq.2013.35270FROM CUSTOM CONSTITUTION TO CUSTOM
CONSTITUTIONAL LAWKheirollahParvinAssociated professor, public law department, University of Tehranauthortextarticle2013perFrom the perspective of experts, custom as moral rules binding takesplace in source of law. However, clarify its position in constitutional lawneeds to know history of custom presence in basic documents which governon human societies. Known dividing Constitutions into two main categories,codified and customary, only will be clarified part of the extensive.Because above division, as many experts believe, is a relatively divisionand codified Constitutions, also have custom backgrounds in theirstandards and structures. On the other hand, similar concepts like lawgeneral principles have to distinguish from customary norms and basicprinciples governing constitutions, because integration and separation ofthese concepts from each other, creates many scientific works in legalsystems. In addition, mechanisms of formation each one of the two conceptsis deferent and custom standards rely on material and spiritual elements.In between, development constitutional law customs move distinguish way.Because this development extend in some legal systems is more than othersystems and different role of custom in formation of basic and fundamentalrules in several legal systems, extends to opinions of public law expertsabout position of custom in constitutional law systems. Hence, to obtaincommon understanding of custom role in constitutional law, so sure role ofcustom in meaning of confirm of its interpreter and suffice to commonopinions of the experts.Law Quarterlyدانشگاه تهران2588-561843

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20137999https://jlq.ut.ac.ir/article_35271_44e847491b55bdc9ab5e2bd371444fae.pdfdx.doi.org/10.22059/jlq.2013.35271SPACE DEBRIS AND INTERNATIONAL SPACE LAW:
SHORTCOMINGS & SOLUTIONSHoseinSharifi TarazkoohiAssociate professor of international law, Imam Hosein UniversityauthorHoseinTajabadiM.A. in international law from payam-e-Noor University, Tehranauthortextarticle2013perSecurity of space activities is threatened by space debris. Current rulesnow governing human exploration in outer space, while having no efficiencyin clarifying guidelines for preventing the increase of space debris ; need tobe changed and more flexible.On the other hand, some special terms such as "Space Objects" and"Space debris" should be defined more detailed and need to be clarified ininternational space law sources.Law Quarterlyدانشگاه تهران2588-561843

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2013101118https://jlq.ut.ac.ir/article_35272_9e91cd9b61e0176eadda0dfdc0023d5f.pdfdx.doi.org/10.22059/jlq.2013.35272OBLIGATIONS OF STATES REGARDING THE RIGHT TO
FOOD, ACCORDING TO ARTICLE XI OF THE
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTSFarhadTalaieAcademic Member of the Faculty of Law and Political Science,
Shiraz UniversityauthorAliRazmkhahM.A. in International Law Shiraz Universityauthortextarticle2013perIn the framework of international law, the right to food is a fundamentalright of person towards having sustainable access to food with the qualitywhich responds to his/her food needs. With due respect to the specialposition of States in international law, it is importance to examine theirobligations regarding the right to food. The principal question is that whatconstitutes the legal basis of such obligations. In this paper, it isdemonstrated that the legal basis of these obligations originates from theinternational documents on human rights, particularly, the UN Covenant onEconomic, Social, and Cultural Rights. In addition, this paper examines themost important mechanisms for realization the right to food, includingdesigning national strategies, legislating and providing legal ways toguarantee the right to food. This paper concludes that if the right to food is tobe fulfilled, States should observe their obligations nationally andinternationally.Law Quarterlyدانشگاه تهران2588-561843

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2013119134https://jlq.ut.ac.ir/article_35273_f8b7cfae139c5cac77924665aa70e030.pdfdx.doi.org/10.22059/jlq.2013.35273NATIONAL SECURITY CONSIDERATIONS IN THE WORLD
TRADE ORGANIZATIONMoosaMoosavi ZonoozAssistant Professor, Institute for Trade Studies and ResearchauthorHasanMoradiAssistant Professor, Public Law Department,University of Tehranauthortextarticle2013perThe agreements, practice and jurisprudence of the World TradeOrganization (WTO) expressly denote the prevalence of specific nationalsecurity considerations, in particular its military and political aspects, overthe obligations and commitments arising from WTO membership. However,the relationship between national security and the WTO is not limited to"dealing with the specific national security considerations". Taking note ofthe WTO objectives, one is but to observe the significance of such otheraspects of national security as economic, social and human security. TheGATT/WTO practice and case law has not clearly determined theboundaries of security exceptions. This, however, does not mean theunlimited freedom of WTO members in invoking security exceptions.Law Quarterlyدانشگاه تهران2588-561843

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2013135152https://jlq.ut.ac.ir/article_35274_c0f64bf97eb3a231739e9b8ebf82447f.pdfdx.doi.org/10.22059/jlq.2013.35274AMRE- BE- MAROOF AND NAHIE - AZ- MONKAR IN THE
SCALE OF CRIMINAL POLICYGholam HosseinElhamAssistant Professor of Faculty of Law and Political Science of Tehran
Universityauthortextarticle2013perAmre- be- Maroof and Nahie- Az- Monkar is one of the basicfoundations in relation to construction of religious values and thus it hasalways had a superior position in the arguments of Motekallemin andFoghaha. Its importance in the pyramid of Islamic beliefs and thoughts issuch that it is said any disrespect to this foundation will amount to detentionof all the rules and regulations, values, safety and the proper social system.The constitution of Islamic Republic of Iran has provided this institution as apublic mutual duty owed by the government and the nation in the public lawsystem of the state. Determination of the details of these relationships issubject to a statute which is not yet enacted. Generally it is said that thisfoundation can act as a particular statute for a generous intervention in thepeople’s affairs. Whilst, the capacity of this foundation is much more than aparticular statute, since it is per se a system-making foundation and canconstitute several cultural, political and social foundations. Also in relianceto its organizing and system-making capacity it can construct socialfoundations and thus terminate into the basis and foundation of the severalabove foundations. We can protect the society on the basis of justice and truehuman dignity from several problems including: crimes and offenses and itcan even be used to negate and eliminate some unnecessary criminalfoundations.Law Quarterlyدانشگاه تهران2588-561843

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2013155168https://jlq.ut.ac.ir/article_35275_a0216e238e23705b58426cfdd60af231.pdfdx.doi.org/10.22059/jlq.2013.35275ROTERDAM RULESAlirezaMohammadZadehLaw Department, U Associate Professor,Private niversity of TehranauthorKatayoonKardanMaster Private Law,University of Azadauthortextarticle2013perThe first international convention on maritime transportation is theBrussels’ Convention of 1924. This convention was widely acceptedthroughout the world and; thus, lasted for a long time due to the widespreadsupport of the countries possessing fleet for this convention and the lack ofexistence of a legal document in terms of maritime transportation. Thepassage of time together with innovations and technical developmentsproved the inadequacy of this convention in balancing between the transportcontractors. Hence, with the efforts of the United Nations Conference onTrade and Development, the Hamburg Convention was ratified in 1978. TheHamburg Convention; however, faced failure as it was not widely acceptedby the countries possessing fleet. In 2008, the Rotterdam Convention wasratified with the aim of gathering the consent of countries possessing fleetwhich are mostly developed countries and the countries possessing goodswhich are mostly developing countries. This article presents the translationof the text of the Rotterdam Convention.Law Quarterlyدانشگاه تهران2588-561843